Commonwealth v Matheson [1955] HCA 24

Commonwealth v Matheson [1955] HCA 24

Where an employee sustains multiple injuries from a single accident, including a scheduled injury as specified in the Third Schedule to the Act, compensation for the scheduled injury must be assessed under s.12, calculated proportionally for partial loss of use, regardless of other injuries. Additional injuries not covered by the schedule are to be compensated, if relevant, under s.9 and the First Schedule. The trial judge erred in not awarding a lump sum under s.12 for the left leg injury.

Parties
Appellant: The Commonwealth; Respondent: George Matheson
Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Appellate Decision
Outcome
Appeal allowed
Legal Topics
Compensation for Workplace Injury, Statutory Interpretation, Assessment of Incapacity, Multiple Injuries From Single Accident
Workers' Compensation Employment Law Compensation for Workplace Injury Statutory Interpretation Assessment of Incapacity Multiple Injuries From Single Accident

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Commonwealth

Appellant

George Matheson

Respondent

Procedural Posture

Appeal / High Court of Australia Appellate Decision

Legal Issues

  1. 1 Whether s. 12 and the Third Schedule of the Commonwealth Employees' Compensation Act 1930-1950 are applicable where employee sustains multiple injuries, only one of which is covered by the Schedule
  2. 2 Proper assessment method for compensation where permanent loss of efficient use of a limb has occurred
  3. 3 Whether compensation for partial loss of efficient use is limited to a lump sum under s.12 or allows weekly payments under s.9 for other injuries

Ratio Decidendi

Where an employee sustains multiple injuries from a single accident, including a scheduled injury as specified in the Third Schedule to the Act, compensation for the scheduled injury must be assessed under s.12, calculated proportionally for partial loss of use, regardless of other injuries. Additional injuries not covered by the schedule are to be compensated, if relevant, under s.9 and the First Schedule. The trial judge erred in not awarding a lump sum under s.12 for the left leg injury.

Court Disposition

Appeal allowed

Orders

  • Order of the lower court set aside except as to costs.
  • Respondent to be paid £515 12s. 6d. for the injury to his left leg under the Third Schedule.